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How Do Courts Come Up With Sentences?

If a person is convicted of a
crime, the court that imposes a sentence must consider the overriding purposes
of sentencing. The overriding purposes of felony sentencing are to protect
the public from future crime by the offender and others as well as to
punish the offender. In achieving this goal, the court must consider the
need for incapacitating the offender, deterring the offender and others
from future crime, rehabilitating the offender, and making restitution
to the victim of the offense. The sentence imposed needs to be commensurate
with and not demeaning to the seriousness of the offender's conduct
and its impact upon the victim, and consistent with sentences imposed
for similar crimes committed by similar offenders.

When fashioning a sentence, the court shall consider and balance all of
the following:

1) Is this crime more serious because of any of the following:

The injury suffered by the victim of the offense was exacerbated because
of the physical or mental condition or age of the victim.

The victim of the offense suffered serious physical, psychological, or
economic harm.

The offender held a public office or position of trust in the community,
and the offense related to that office or position.

The offender's occupation, elected office, or profession obliged the
offender to prevent the offense or bring others committing it to justice.

The offender's professional reputation or occupation, elected office,
or profession was used to facilitate the offense or is likely to influence
the future conduct of others.

The offender's relationship with the victim facilitated the offense.

The offender committed the offense for hire or as a part of an organized
criminal activity.

The offender was motivated by prejudice based on race, ethnic background,
gender, sexual orientation, or religion.

The offender committed the offense in the vicinity of one or more children.

2) Is this crime less serious because of any of the following:

The victim induced and facilitated the offense.

The offender acted under strong provocation.

The offender did not cause or expect to cause physical harm to any person
or property.

There are substantial grounds to mitigate the offender's conduct, although
the grounds are not enough to constitute a defense.

3) Is the offender is more likely to commit future crimes because of any
of the following:

The offender under release from confinement before trial or sentencing,
or under post-release control for an earlier offense or had been unfavorably
terminated from post-release control for a prior offense.

The offender previously was adjudicated a delinquent child or the offender
has a history of criminal convictions.

The offender has not been rehabilitated to a satisfactory degree after
previously being adjudicated a delinquent child or the offender has not
responded favorably to sanctions previously imposed for criminal convictions.

The offender has demonstrated a pattern of drug or alcohol abuse that is
related to the offense, and the offender refuses to acknowledge that the
offender has demonstrated that pattern, or the offender refuses treatment
for the drug or alcohol abuse.

The offender shows no genuine remorse for the offense.

4) Is the offender less likely to commit future crimes because of any of
the following:

The offender had not been adjudicated a delinquent child.

The offender has not previously been convicted of or pleaded guilty to
a criminal offense.

The offender had led a law-abiding life for a significant number of years.

The offense was committed under circumstances not likely to recur.

The offender shows genuine remorse for the offense.

The forgoing factors are considered in every felony case. However, some
crimes have mandatory periods of incarceration that must be followed regardless
of the above factors. Further, courts are limited in the time of incarceration
that can be imposed by the degree of the charge(s). For instance the time
of possible incarceration and fine for each degree of crime is as follows:

First Degree Felony (F-1): 3-11 years of prison and up to a $20,000 fine.

Second Degee Felony (F-2): 2-8 years of prison and up to a $15,000 fine.

Third Degree Felony (F-3): 1-5 years of prison and up to a $10,000 fine.

Fourth Degree Felony (F-4): Up to 18 months of prison and up to a $5,000 fine.

Fifth Degree Felony (F-5): Up to 12 months of prison and up to a $2,500 fine.

First Degree Misdemeanor (M-1): Up to 180 days in jail and up to a $1,000 fine.

Second Degree Misdemeanor (M-2): Up to 90 days in jail and up to a $750 fine.

Third Degree Misdemeanor (M-3): Up to 60 days in jail and up to a $500 fine.

Fourth Degree Misdemeanor (M-4): Up to 30 days in jail and up to a $250 fine.

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